Industrial Safety and Health Law
Law No. 57 of June 8, 1972
Latest Amendments:
Law No. 25 of May 31, 2006
In Japanese
Chapter X. Inspection, etc.
Article 88. (Notification of plans, etc.)
- (1) The employer, in the case that the type of industry and the scale of the said workplace come under the provisions of the Cabinet Order, and when intends to construct, install, move, or alter the main structure of, the buildings or machines, etc. (excluding temporary buildings and machines specified by the Ordinance of the Ministry of Health, Labor and Welfare) pertaining to the said workplace, shall notify the plan to the Chief of the Labor Standards Office as provided for by the Ordinance of the Ministry of Health, Labor and Welfare, no later than 30 days prior to the date of commencement of the said work. However this shall not apply to such employers acknowledged by the Chief of the Labor Standards Office as provided for by the Ordinance of the Ministry of Health, Labor and Welfare as to be taking the measures provided for in paragraph (1) of Article 28-2, and other measures specified by the Ordinance of the Ministry of Health, Labor and Welfare.
- (2) The provisions of the preceding paragraph shall apply mutatis mutandis to the employer (excluding the employer under the main clause of the said paragraph) who intends to install, move, or alter the main structure of, such machines, etc., as provided for by the Ordinance of the Ministry of Health, Labor and Welfare, among those which require the dangerous or harmful work, are used in dangerous places or are used for preventing danger or health impairment.
- (3) The employer shall, when intending to commence large-scale work likely to cause serious industrial accidents as provided for by the Ordinance of the Ministry of Health, Labor and Welfare among the work in a construction undertaking, notify the plan to the Minister of Health, Labor and Welfare as prescribed by the Ordinance of the Ministry of Health, Labor and Welfare no later than 30 days prior to the date of commencement of the said work.
- (4) The employer shall, when intending to commence such work in a construction undertaking or in other industries prescribed by Cabinet Order(excluding the work of preceding paragraph prescribed by the Ordinance of the Ministry of Health, Labor and Welfare for construction undertaking) as provided for the Ordinance of the Ministry of Health, Labor and Welfare , notify the plan to the Chief of the Labor Standards Office as prescribed by the Ordinance of the Ministry of Health, Labor and Welfare no later than 14 days prior to the commencement of the said work.
- (5) When drawing up a plan of construction work provided for by the Ordinance of the Ministry of Health, Labor and Welfare among the construction work requiring notification pursuant to the provisions of paragraph (1) (including the case where the said provision is applied mutatis mutandis pursuant to paragraph (2)), a plan of work provided for by the Ordinance of the Ministry of Health, Labor and Welfare provided for in paragraph (3) or a plan of work provided for by the Ordinance of the Ministry of Health, Labor and Welfare among the work requiring the submission of notification pursuant to the provisions of the preceding paragraph, the employer shall have those who have the qualifications provided for by the Ordinance of the Ministry of Health, Labor and Welfare participate in the planning in order to prevent industrial accidents caused by buildings, machines, etc. relating to the said construction work or the said work.
- (6) When the proposed work is to be executed by subcontracts of several levels, the provisions of the preceding three paragraphs (excluding cases where the submission of notification pursuant to the provision of paragraph (1)(including the case where the said provision is applied mutatis mutandis pursuant to paragraph (2)) among the provisions of the preceding paragraph ) shall not be applied to contractors other than the orderer who is to carry out the said work himself/herself and the contractors other than the principal contractor unless the work is carried out by the orderer of the said work.
- (7) In the case of a notification pursuant to the provision of paragraph (1) (including the case where the said provision is applied mutatis mutandis pursuant to paragraph (2)) or paragraph (4) has been submitted to the Chief of the Labor Standards Office or pursuant to the provisions of paragraph (3) has been submitted to the Minister of Health, Labor and Welfare and they find matters relating to each said notification violate the provisions of this Act or ordinances thereunder, they may order the employer who submitted said notification to suspend the commencement of the work pertaining to said notification, or to alter the said plan.
- (8) When the Minister of Health, Labor and Welfare or the Chief of the Labor Standards Office has issued the order pursuant to the provision of the preceding paragraph (such order shall be limited to those issued to the employers who have submitted the notifications pursuant to paragraph (3) or (4)), the Minister of Health, Labor and Welfare or the Chief of the Labor Standards Office may issue the necessary recommendation or request concerning the measures for the prevention of industrial accidents to the orderers of the work (except those who carry out the work themselves) designated by said order whenever necessary.
Article 89. (Investigation, etc. by the Minister of Health, Labor and Welfare)
- (1) The Minister of Health, Labor and Welfare may investigate those plans which require advanced technical investigation out of the plans notified pursuant to the provision of paragraph (1) of the preceding Article (including the case where the said provision is applied mutatis mutandis pursuant to paragraph (2) of the same Article), or paragraph (3) or (4) (except in the following Article, hereinafter referred to as “notification”).
- (2) The Minister of Health, Labor and Welfare shall, in carrying out the investigation under the preceding paragraph, hear the opinion of theperson with relevant knowledge and experience as provided for by the Ordinance of the Ministry of Health, Labor and Welfare.
- (3) The Minister of Health, Labor and Welfare may, where it is deemed necessary from the results of the investigation under paragraph (1), make necessary recommendation or request on matters concerning the prevention of industrial accidents to the employer who submitted the notification.
- (4) The Minister of Health, Labor and Welfare shall, in making recommendation or request under the preceding paragraph, in advance hear the opinion of the employer who submitted the said notification.
- (5) The person with relevant knowledge and experience who were asked their opinions on the plan referred to in paragraph (1) under the provisions of paragraph (2) must not disclose the confidential information they have learned in connection with the said plan.
Article 89-2. (Investigation by the Director of the Prefectural Labor Bureau)
- (1) The Director of the Prefectural Labor Bureau may investigate the plan which is prescribed as the one pursuant to those requiring the advanced technical investigation in paragraph (1) of preceding Article by taking into account buildings or machines, etc., or scale of work and other matters in the Ordinance of the Ministry of Health, Labor and Welfare, among plans notified under the provisions of paragraph (1) of Article 88 (including case applied mutatis mutandis pursuant to paragraph (2)of same Article) or paragraph (4). However, as provided for by the Ordinance of the Ministry of Health, Labor and Welfare, said investigation shall not be carried out where it is deemed that said plans have undergone a technical inspection equivalent to said investigation.
- (2) The provisions of paragraphs (2) to (5) of the preceding Article shall apply mutatis mutandis to the investigations provided for in the preceding paragraph.
Article 90. (Chief of Labor Standards Office and Labor Standards Inspector)
- The Chief of the Labor Standards Office and the Labor Standards Inspector shall be in charge of the business concerning the enforcement of this Act as provided for by the Ordinance of the Ministry of Health, Labor and Welfare.
Article 91. (Authority of Labor Standards Inspector)
- (1) The Labor Standards Inspector may, when he/she finds it necessary, in order to enforce this Act, to enter workplaces, question persons concerned, inspect books, documents and other articles or conduct the working environment measurement, or collect without compensation samples of the products, raw materials or implements to the extent necessary for the inspection.
- (2) The Labor Standards Inspector who is a physician may conduct medical examination on workers who seem to have contracted a disease referred to in Article 68.
- (3) In a case that falls under the preceding two paragraphs, the Labor Standards Inspector shall carry an identification card certifying his or her status and show it to the persons concerned.
- (4) The power of spot inspection under the provisions of paragraph (1) shall not be interpreted as authorization for the purpose of criminal investigation.
Article 92.
- With regard to the crime of violation of this Act, the Labor Standards Inspector is authorized to perform the judicial police officers' duty prescribed in the Criminal Procedure Act (Act No. 131 of 1948).
Article 93. (Expert Officer in Industrial Safety and Expert Officer in Industrial Health)
- (1) The Expert Officer in Industrial Safety and the Expert Officer in Industrial Health shall be installed in the Ministry of Health, Labor and Welfare, Prefectural Labor Bureaus and Labor Standards Offices.
- (2) The Expert Officer in Industrial Safety shall administer affairs related to the permission prescribed in paragraph (1) of Article 37, the safety and health improvement plan and the notification, and affairs related to safety investigation of causes of industrial accidents and other matters requiring the high expert knowledge, as well as perform to give guidance and assistance to employers and workers and those concerned on the matters necessary for preventing dangers to workers.
- (3) The Expert Officer in Industrial Health shall administer affairs related to the permission prescribed in paragraph (1) of Article 56, the recommendation pursuant to the provision of paragraph (4) of Article 57-3, the instruction pursuant to the provision of paragraph (1) of Article 57-4, matters on expertise for the work environment measurement pursuant to the provision of Article 65, the safety and health improvement plan and the notification, and affairs related to health on investigation of causes of industrial accidents and other matters requiring the high expert knowledge, as well as perform to give guidance and assistance to employers and workers and those concerned on the matters necessary for preventing workers’ health impairment, and preserving and promoting the health of workers.
- (4) Necessary matters in regard to the Expert Officer in Industrial Safety and the Expert Officer in Industrial Health, in additon to what is provided for in the preceding three paragraphs, shall be prescribed by the Ordinance of the Ministry of Health, Labor and Welfare.
Article 94. (Authority of Expert Officer in Industrial Safety and Expert Officer in Industrial Health)
- (1) The Expert Officer in Industrial Safety or the Expert Officer in Industrial Health may,when he/she finds it necessary to perform the affairs pursuant to the provision of paragraph (2) or (3) of the preceding article, enter workplaces, question persons concerned,, inspect books, documents and other articles or conduct the working environment measurement, or collect without compensation samples of the products, raw materials or implements to the extent necessary for the inspection.
- (2) The provisions of paragraphs 3 and 4 of Article 91 shall apply mutatis mutandis in respect to spot inspection under the provisions of the preceding paragraph.
Article 95. (Medical Advisor in Industrial Health)
- (1) The Medical Advisor in Industrial Health shall be assigned to the Prefectural Labor Bureaus.
- (2) The Medical Advisor in Industrial Health shall participate in the business concerning the instruction under the provisions of paragraph (5) of Article 65 or paragraph (4) of Article 66 and other businesses concerning the health of workers.
- (3) The Medical Advisor in Industrial Health shall be appointed by the Minister of Health, Labor and Welfare from among the doctors in possession of knowledge and experience in industrial health.
- (4) The Medical Advisor in Industrial Health shall be in part-time service.
Article 96. (Authority of the Minister of Health, Labor and Welfare, etc.)
- (1) The Minister of Health, Labor and Welfare may, when he/she finds necessary for ensuring safety and health of the workers with regard to the structure of machines, etc. of the type of machines that have passed the type examination and facilities, etc., to manufacture and inspect the said machines,etc., have his/her staffs enter the workplace of the person who has received the type examination or the place where the said machines, etc. or facilities, etc. related to the said type examination are recognize to locate, question persons concerned, or inspect the said machines, etc.,facilities, etc. or other articles.
- (2) The Minister of Health, Labor and Welfare may, when he/she finds it necessary for ensuring the proper operation of the service of the consultant, have his/her staffs enter the office of the consultant, question the persons concerned or inspect books or documents (including the electromagnetic records in case that relevant data are electromagnetically prepared, provided and kept in stead of the said books or documents)related to the consultant’s service.
- (3) The Minister of Health, Labor and Welfare or the Director of the Prefectural Labor Bureau may, when he/she finds it necessary for ensuring the proper operation of the service of a registered manufacturing inspection, etc. agency, registered performance inspection agency, registered individual examination institution, registered type examination agency, registered agency for self-inspection, designated examination institution, registered practcal training institution, designated consultant examination institution and designated registration institution (hereinafter referred to as “registered manufacturing inspection, etc., agency, etc.”), have his/her staffs enter their office, question the persons concerned or inspect books, documents and other articles related to the service.
- (4) The Director of the Prefectural Labor Bureau may, when he/she finds it necessary for having the Medical Advisor in Industrial Health participate in the affairs pursuant to the provisions of paragraph (2) of the preceding article, have said Medical Advisor enter the workplace, question the persons concerned or inspect the record of working environment measurement or medical examination results and other articles.
- (5) The provisions of paragraph (3) and (4) of Article 91 shall apply mutatis mutandis in respect to spot inspection under the provisions of the preceding four paragraphs.
Article 96-2. (Implementation of Investigation, etc. of Causes of Industrial Accident by Research Institute)
- (1) The Minister of Health, Labor and Welfare may, in case that the investigation of causes of an accident is to be carried out pursuant to the provision of paragraph (2) or (3) of Article 93 and when he/she finds it necessity taking into account the magnitude of the said accident or other situations, have the National Institute of Occupational Safety and Health (Hereinafter referred to as “Institute”) carry out the said investigation.
- (2) The Minister of Health, Labor and Welfare may, when he/she finds it necessary, have the Institute carry out the spot inspection pursuant to the provision of paragraph (1) of Article 94 (limited to the investigation prescribed in the preceding paragraph.
- (3) The Minister of Health, Labor and Welfare shall, when having the Institute carry out the spot inspection pursuant to the provision of preceding paragraph, instruct the Institute to carry out it while indicating the place of the said spot inspection and other necessary matters.
- (4) The Institute shall, when having carried out the investigation according to the instruction prescribed in preceding paragraph, report its result to the Minister of Health, Labor and Welfare.
- (5) The provisions of paragraph (3) and (4) of Article 91 shall apply mutatis mutandis in respect to spot inspection pursuant to the provisions of the preceding paragraph (2). In this case, “Labor Standards Inspector” in paragraph (3) of the same Article shall be read as “staff of the National Institute of Occupational Safety and Health”.
Article 96-3. (Order to Institute)
- The Minister of Health, Labor and Welfare may, when he/she finds it necessity to ensure the proper implementation of business of the investigation prescribed in paragraph (1) of the preceding Article and the spot inspection prescribed in paragraph (2) of the same Article, give the necessary order on these businesses to the Institute.
Article 97. (Reports by Workers)
- (1) When there exists in the workplace any fact in violation of the provisions of this Act or ordinances thereunder, the worker may report this fact to the Director of the Prefectural Labor Bureau or Chief of the Labor Standards Office or to the Labor Standards Inspector and request that appropriate action be taken for rectification.
- (2) The employer shall not dismiss or discriminate against the worker who reported the fact according to the preceding paragraph for the reason of his/her having done so.
Article 98. (Order of Suspension of Use, etc.)
- (1) The Director of the Prefectural Labor Bureau or the Chief of the Labor Standards Office may, where there exists a fact in violation of the provisions of Article 20 to Article 25 inclusive, paragraph (1) of Article 25-2, paragraph (1) or (4) of Article 30-3, paragraph (1) of Article 31, Article 31-2, paragraph (1) of Article 33 or Article 34, order to stop whole or part of the work, to stop or alter the use of whole or part of the building, etc., or other matters necessary for preventing industrial accidents, to the employer, orderer, machine-lessor or building-lessor who violated the said provisions.
- (2) The Director of the Prefectural Labor Bureau or the Chief of the Labor Standards Office may order necessary matters in connection with the matters ordered under the provisions of the preceding paragraph to the workers, contractors, or those to whom buildings are leased.
- (3) The Labor Standards Inspectors may, where there exists imminent danger to the workers in the case of the preceding two paragraphs, immediately exercise the authorities of the Director of the Prefectural Labor Bureau or the Chief of the Labor Standards Office under these paragraphs.
- (4) The Director of the Prefectural Labor Bureau or the Chief of the Labor Standards Office may, in case of having given the order pursuant to the provision of paragraph (1) for the work carried out based on the contract and when finding it necessary, recommend or request the orderer of the work (including all the orderers of such work as parties to the contracts for the work but excluding the orderer to whom the said order has been issued, where the said work is to be executed by subcontracts of several levels) with regard to preventing industrial accidents related to facts in the said violation.
Article 99.
- (1) In a case other than the one prescribed in paragraph (1) of the preceding Article, where there exists imminent danger of the occurrence of industrial accidents and an urgent necessity, the Director of the Prefectural Labor Bureau or the Chief of the Labor Standards Office may order the employer to stop temporarily the whole or part of the work or to stop temporarily the use of the whole or part of the building, etc., or to take other urgent measures necessary for preventing the said industrial accidents to the extent necessary.
- (2) The Director of the Prefectural Labor Bureau or the Chief of the Labor Standards Office may order the workers to carry out necessary matters in connection with the matters ordered under the provisions of the preceding paragraph.
Article 99-2. (Training Directive)
- (1) The Director of the Prefectural Labor Bureau may, in case that the industrial accident occurred and when he/she finds it necessary to prevent the recurrence of industrial accidents, instruct, by fixing the period, the employer involved in the said industrial accident to have the general safety and health manager, the safety officer, the health officer, the overall safety and health controller or other person engaged in work to prevent industrial accidents at the workplace where the industrial accident occurred (hereinafter referred to as“the person engaged in work to prevent industrial accidents”) take a training course provided by the person designated by the Director of the Prefectural Labor Bureau.
- (2) An employer who has been instructed under the provisions of the preceding paragraph shall ensure that the person engaged in work to prevent industrial accidents takes the training course provided for in the same paragraph.
- (3) In addition to matters provided for in the preceding two paragraphs, subjects of the training cours and other necessary matters relating to the training in paragraph (1) shall be provided for by the Ordinance of the Ministry of Health, Labor and Welfare.
Article 99-3.
- (1)The Director of the Prefectural Labor Bureau may, in case that the action committed by the person eligible to be engaged in the work prescribed in paragraph (1) of Article 61 under the provision of the same paragraph and who has contravened the provisions of this Act or ordinances thereunder, has caused the occurrence of an industrial accident and when the said Director finds it necessary to prevent the recurrence, instruct, by fixing the period, to take the training provided by a person designated by the Director of the Prefectural Labor Bureau.
- (2) The provisions of paragraph (3) of the preceding Article shall apply mutatis mutandis to the training in the preceding paragraph.
Article 100. (Report, etc.)
- (1) The Minister of Health, Labor and Welfare, the Director of the Prefectural Labor Bureau or the Chief of the Labor Standards Office may, when they find it necessary for the enforcement of this Act, have the employer, worker, machine-lessor, building-lessor or consultant report on necessary matters or order them to appear, as prescribed by the Ordinance of the Ministry of Health, Labor and Welfare.
- (2) The Minister of Health, Labor and Welfare, the Director of the Prefectural Labor Bureau or the Chief of the Labor Standards Office may, when they find it necessary for the enforcement of this Act, have the registered manufacturing inspection, etc.., agency and other agencies report on necessary matters, as prescribed by the Ordinance of the Ministry of Health, Labor and Welfare .
- (3) A Labor Standards Inspector may, when he or she finds it necessary for the enforcement of this Act, have the employer or worker report on necessary matters or order them to appear.
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